BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 558
                                                          Page  1

SENATE THIRD READING
SB 558 (Baca)
As Amended May 18, 1999
Majority vote 

  SENATE VOTE  :27-10  
  
  PUBLIC EMPLOYEES    6-0                                         
  
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|Ayes:|Correa, Dutra, Firebaugh, |     |                          |
|     |Honda, Knox, Pescetti     |     |                          |
|     |                          |     |                          |
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  SUMMARY  :   Provides that counties operating retirement systems  
under the County Employees Retirement Law of 1937 ('37 Act)  
shall grant a service-connected disability retirement to certain  
safety, firefighter, and active law enforcement employees if  
they develop cancer.  Specifically,  this bill  :  

1)Provides that in the 20 counties operating retirement systems  
  under the '37 Act, if a safety member, a firefighter, or a  
  member in active law enforcement with five years of service  
  develops cancer, the cancer shall be presumed to arise out of  
  and in the course of employment.

2)Specifies that these employees shall be granted a  
  service-connected disability retirement if they demonstrate  
  that they were exposed to a known carcinogen as a result of  
  performance of job duties.

3)Specifies that the cancer presumption is disputable and may be  
  controverted by certain described evidence.

4)Specifies that the cancer presumption shall be extended to a  
  member following termination of service- for a period of three  
  months for each full year of service up to a maximum of 60  
  months.

  EXISTING LAW  provides different benefits to disabled employees  
depending on whether or not the injury is determined to be  
job-related or "service-connected."   Service-connected  
disability benefits are 50% of final compensation or the  
member's service retirement allowance, whichever is greater.   
Nonservice-connected disability benefits are up to one-third of  








                                                          SB 558
                                                          Page  2

final compensation (based on years of service).  The benefits  
provided to surviving spouses upon the retiree's death are also  
greater if the person retired with a service-connected  
disability rather than a nonservice-connected disability.  

Existing '37 Act law also provides that a safety member, a  
fireman member, or a member in active law enforcement who has  
completed five years of service who develops heart trouble shall  
receive a service connected disability retirement benefit.

 FISCAL EFFECT  :   Unknown cost to '37 Act counties.

  COMMENTS  :   Proponents state that, "In the regular course of  
their duties, law enforcement personnel are at the scene of  
traffic accidents, crimes, fires, natural disasters, drug labs,  
etc., where know carcinogens exist.  Should they develop cancer  
as a result, it seems only fair that a disability retirement be  
granted."

Opponents state that "It has been our experience that a  
presumption of causation creates a burden of proof that is  
extremely difficult to achieve.  It will impose upon employers  
costs for disability retirements, each one of which may cost  
hundreds of thousands of dollars, which are of doubtful job  
causation."


  Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
319-3957 

                                                      FN: 0001886